Free Motion to Continue - District Court of California - California

Case 3:08-cv-00033-L-AJB

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SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY James H. Hanson, Pro Hac Vice, Ind. Bar No. 08100-49 [email protected] Robert L. Browning, Pro Hac Vice, Ind. Bar No. 15128-49 [email protected] R. Jay Taylor Jr., Pro Hac Vice, Ind. Bar No. 19693-53 [email protected] 10 West Market Street, Suite 1500 Indianapolis, IN 46204 (317) 637-1777 Fax: (317) 687-2414 Christopher C. McNatt, Jr. Cal. Bar No. 174559 [email protected] 2 North Lake Avenue, Suite 460 Pasadena, CA 91101 (626) 795-4700 Fax: (626) 795-4790 Attorneys for Defendant UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA JOSUE SOTO, GHAZI RASHID, MOHAMED ) ABDELFATTAH, on Behalf of All Aggrieved ) Employees, All Others Similarly Situated, and ) the General Public, ) Plaintiffs, ) vs. ) DIAKON LOGISTICS (DELAWARE) INC., a ) foreign corporation; and ) DOES 1 through 50, inclusive, ) Defendants. ) ) DIAKON LOGISTICS (DELAWARE) INC., ) ) Counterclaimant, ) vs. ) JOSUE SOTO, Counterclaim Defendant. ) ) DIAKON LOGISTICS (DELAWARE) INC., ) ) Third-Party Plaintiff, ) vs. SAYBE'S, LLC, ABDUL TRUCKING, INC., ) ) and RASHID TRUCKING, INC., Third-Party Defendants. )

CASE NO. 08-CV-0033-L-AJB

CLASS ACTION

JOINT MOTION TO CONTINUE HEARING DATE ON DIAKON LOGISTICS (DELAWARE), INC.'S MOTION TO DISMISS FIRST AMENDED COMPLAINT

Defendant/Counterclaimant/Third-Party Plaintiff, Diakon Logistics (Delaware), Inc. ("Diakon") and Plaintiffs Josue Soto, Ghazi Rashid and Mohamed Abdelfattah, by and through their respective counsel, respectfully request that this Court continue the hearing date on the
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Case 3:08-cv-00033-L-AJB

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presently pending Motion to Dismiss First Amended Complaint presently scheduled for July 14, 2008 to the new hearing date of August 11, 2008, for the following reasons: 1. Diakon filed its Motion to Dismiss on May 5, 2008 (Docket Entry No. 36), setting

a hearing date of July 14, 2008. 2. Following the filing of Diakon's Motion to Dismiss, two additional Motions to

Dismiss were filed; specifically Plaintiffs filed in this action as Docket Entry No. 41, Plaintiffs' Motion to Dismiss Amended Counterclaim as to Josue Soto Pursuant to Fed. R. Civ. P. 12(b)(6) and Plaintiffs filed in this action as Docket Entry No. 45, Plaintiffs' Motion to Dismiss First Amended Third Party Complaint of Diakon Logistics (Delaware), Inc. against Saybe's, LLC, Abdul Trucking, Inc., and Rashid Trucking, Inc., pursuant to Fed. R. Civ. P. 12(b)(6). 3. The hearing date on both Motions to Dismiss filed by Plaintiffs has been set as

August 11, 2008 pursuant to an Order issued by this Court on June 25, 2008, Docket Entry No. 47. 4. The three pending motions address many similar legal and factual issues and it

would conserve both the resources of this Court and of the parties if the hearing date on Diakon's motion is continued to August 11, 2008 so that Diakon's motion can be heard in conjunction with Plaintiffs' two pending motions. 5. In consideration of Plaintiffs' consent to continue the hearing date on Diakon's

motion, Diakon has agreed to maintain the briefing schedule so that its reply brief to Plaintiffs' opposition will remain as set, July 7, 2008. WHEREFORE, Plaintiffs and Diakon respectfully request that the hearing on Docket Entry No. 36, Diakon's Motion to Dismiss First Amended Complaint, be continued to August 11, 2008, to be held in conjunction with the hearing on Docket Entry No. 41, Plaintiffs' Motion to Dismiss Amended Counterclaim as to Josue Soto Pursuant to Fed. R. Civ. P. 12(b)(6) and Docket Entry No. 45, Plaintiffs' Motion to Dismiss First Amended Third Party Complaint of Diakon Logistics (Delaware), Inc. against Saybe's, LLC, Abdul Trucking, Inc., and Rashid Trucking, Inc., pursuant to Fed. R. Civ. P. 12(b)(6), and that the briefing schedule on Docket

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Entry No. 36 be maintained so that Diakon's reply brief on the motion will be filed and served no later than July 7, 2008. Respectfully submitted: Dated: July 2, 2008 SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY, LLP By: /s/ Christopher C. McNatt, Jr. Christopher C. McNatt, Jr. Attorneys for Defendant, Counterclaimant, and Third-Party Plaintiff Diakon Logistics (Delaware), Inc. Dated: July 2, 2008 EMGE & ASSOCIATES By: /s/ Derek J. Emge Derek J. Emge Attorneys for Plaintiff, Josue Soto, Ghazi Rashid, Mohamed Abdelfattah, On Behalf of All Aggrieved Employees, All Other Similarly Situated, and the General Public

CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been served electronically via the court's ECF system upon the following counsel of record, this 2nd day of July, 2008: Todd J. Hilts Law Office of Todd J. Hilts 2214 Second Avenue San Diego, California 92101 David A. Huch Law Offices of David A. Huch 7040 Avenida Encinas, Suite 104 Carlsbad, California 92011 Derek J. Emge Emge & Associates 550 West C Street, Suite 1600 San Diego, California 92101 Issa Michael The Michael Law Firm 1648 Union Street, Suite 201 San Francisco, California 94123 /s/ Christopher C. McNatt, Jr. Christopher C. McNatt, Jr.
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